Accused infringers Zhejiang Medicine Co., Ltd. and ZMC-USA, LLC (collectively “ZMC”) sought $100 million in compensatory and punitive damages against Raley & Bowick’s client Kaneka Corporation. ZMC accused Kaneka of violating the Sherman Act, the Lanham Act, and the Texas Business and Commercial Code. ZMC also accused Kaneka of patent misuse, product and business disparagement, defamation, libel, libel per se, and tortious interference with existing and prospective business relationships.
United States District Judge Vanessa Gilmore granted Kaneka’s motion to dismiss ZMC’s claims for violation of the Sherman Act, Texas Business and Commerce Coe, patent misuse, and tortious interference. United States Magistrate Judge Mary Milloy granted Kaneka’s motion for summary judgment dismissing ZMC’s remaining affirmative claims including Lanham Act, product and business disparagement, libel and libel per se.
ZMC’s only remaining claims seek affirmative defenses and declaratory relief of non-infringement and patent invalidity.